The Board Of Directors Of The … vs The Joint Registrar Of … on 6 May, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 13699 of 2008(E)


1. THE BOARD OF DIRECTORS OF THE PANMANA
                      ...  Petitioner

                        Vs



1. THE JOINT REGISTRAR OF CO-OPERATIVE
                       ...       Respondent

                For Petitioner  :SRI.V.G.ARUN

                For Respondent  : No Appearance

The Hon'ble MR. Justice A.K.BASHEER

 Dated :06/05/2008

 O R D E R
                          A.K.BASHEER, J.
            ======================================
                 WRIT PETITION NO.13699 OF 2008
            ======================================
                   Dated this the 6th day of May 2008

                              JUDGMENT

The Board of Directors of Panmana Service Co-operative

Bank Ltd. has preferred this writ petition praying inter alia to

issue a writ of mandamus or such other appropriate writ, order or

direction to the respondent restraining him from taking action

under Section 32 of the Kerala Co-operative Societies Act for

supercession of the Board of Directors of the Bank based on the

report of inspection, if any, that may be filed on the basis of

Ext.P5 order.

2. Learned Special Government Pleader points out that in

Ext.P5 order what has been proposed is only to appoint the

Assistant Registrar (Planning) to conduct an inspection under

Section 66 of the Act. She further submits that the apprehension

of the petitioner that the Managing Committee will be superceded

is totally misplaced and unwarranted. Unless and until the

enquiry officer submits his report, no action will be taken against

the petitioner.

W.P.(C)13699/2008 2

3. But learned counsel for the petitioner points out that

the respondent may initiate action on receipt of the report

without affording any opportunity to the petitioner to be heard.

4. In response to the above submission, it is submitted by

the learned special Government Pleader that no action will be

taken on the basis of the report without hearing the petitioner.

The above submission is recorded.

5. It shall be ensured by the respondent that action, if any,

pursuant to the report that may be submitted by the enquiry

officer shall be taken only after issuing notice and hearing the

petitioner.

The writ petition is disposed of as above.

A.K.BASHEER, JUDGE

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